M-13.1 - Mining Act

Section 304.1.5 Disposition versions

2024-11-29

304.1.5. The regional county municipality where the mineral substances withdrawn under section 304.1.1, within an urbanization perimeter, or under section 304.1.3 or 304.1.4 are situated may, after consulting the local municipality where the withdrawn mineral substances are situated or at that municipality’s request, apply to the Minister, by resolution, for the partial or total lifting of the withdrawal.

Where more than 10 years have elapsed since a partial or total lifting of a withdrawal under the first paragraph, the regional county municipality may, after consulting the local municipality where the mineral substances concerned are situated or at that municipality’s request, apply to the Minister, by resolution, for the partial or total reinstatement of the withdrawal.

Reinstatement of the withdrawal under section 304.1.3 does not terminate the rights granted under this Act during the time the withdrawal was lifted, prevent the granting of a mining lease to the holder of an exclusive exploration right issued during that period or prevent the granting of another right applied for during that period. The second paragraph of section 304.1.3 does not apply to the expiry, abandonment or revocation of such a right.

Where a regional county municipality does not decide on a request made to it by a local municipality for the lifting or reinstatement of a withdrawal within 120 days after the request, the local municipality may apply to the Minister, by resolution, for the lifting or reinstatement.

A regional county municipality may require, from a local municipality that requests it to lift or reinstate a withdrawal, any document, information or study necessary for assessing the request. The 120-day time limit prescribed in the fourth paragraph is suspended until the documents have been received by the regional county municipality.

The Minister shall register in the public register of real and immovable mining rights any lifting or reinstatement of a withdrawal for which a regional county municipality or local municipality applies to the Minister. The modification takes effect on the date specified in the register.

For the purposes of this section, with the necessary modifications, the following shall be considered regional county municipalities:

(1)  the urban agglomeration councils of Ville de Montréal, Ville de Québec, Ville de Longueuil, Ville de La Tuque and Municipalité des Îles-de-la-Madeleine; and

(2)  the local municipalities whose territory is not included in that of a regional county municipality, excluding a local municipality whose territory is included in that of an urban agglomeration whose central municipality is referred to in subparagraph 1.

2024, c. 36, s. 121.